Published: Thursday, October 10, 2013 at 11:06 p.m.

Last Modified: Thursday, October 10, 2013 at 11:06 p.m.

SARASOTA COUNTY - The Sarasota murder trial of Charles Hill continued to break the mold of standard capital cases Thursday, with Hill taking the stand against the advice of his attorneys.

Hill, 33, is charged with first-degree murder, armed kidnapping and armed robbery in the 2011 death of James Brotherton, a SCAT bus driver.

Brotherton was found dead just after midnight on Nov. 22, 2011, in a pool of blood near Gulf Gate library with a single gunshot wound to his back.

Hill took the stand after the state rested its case. After the soft shackles around his his ankles were removed and he was sworn in, Hill denied ever seeing Brotherton and insisted he was at home the night of murder.

He was composed on the stand, asking for water at one point: “I’ve never talked this much in my life,” he said.

Hill would occasionally get ahead of himself, providing more elaborate answers to simple yes or no questions, prompting Art Jackman, assistant state attorney, to raise numerous objections.

“I know you’re excited; just let her do her job,” Judge Donna Berlin said to Hill while he was being examined by defense attorney Carolyn Schlemmer. “If she wants to follow up, she will.”

Brotherton’s parents — sitting with other family members — held hands during the testimony.

While presenting their case this week, prosecutors introduced surveillance video of what they described as Hill and Brotherton at an ATM, video of Brotherton’s shooting and witness testimony, including from an acquaintance, Rick Rowland, who claimed to be with Hill on the night of Brotherton’s death.

Hill testified that he was with Rowland for a short time on Nov. 21, and left his cell phone in Rowland’s vehicle when he was dropped off about 8:30 p.m. Hill said he never left the house, but Rowland did stop by unannounced about 1 a.m. to return his cell phone.

Hill maintained his innocence.

“Is that your firearm?” Schlemmer asked, referring to the alleged murder weapon found in a garbage can on Hill’s property.

“No,” he replied.

He denied putting a gun in his trash can, being near Gulf Gate library and kidnapping or robbing Brotherton.

“Is that you in the ATM video with Mr. Brotherton?” Schlemmer asked.

“That is not me in the video,” Hill said. “I’ve never seen that man.”

Hill then denied using a .38 caliber gun to shoot Brotherton in his back.

Due to time constraints, Hill was not questioned further. Jackman will cross-examine him today.

The state had rested its case earlier Thursday.

Among other witnesses for the defense was Hill’s long-time girlfriend, who became emotional on the stand. She said Hill was home with her on the night Brotherton was killed.

In an earlier twist in the case, Hill had said he would not argue against the death penalty should he be convicted.

Then, the state said it would not seek the death penalty.

The jury is expected to hear closing statements and begin deliberation today.

If convicted of first-degree murder, Hill will receive a mandatory sentence of life in prison.

<p><em>SARASOTA COUNTY</em> - The Sarasota murder trial of Charles Hill continued to break the mold of standard capital cases Thursday, with Hill taking the stand against the advice of his attorneys.</p><p>Hill, 33, is charged with first-degree murder, armed kidnapping and armed robbery in the 2011 death of James Brotherton, a SCAT bus driver.</p><p>Brotherton was found dead just after midnight on Nov. 22, 2011, in a pool of blood near Gulf Gate library with a single gunshot wound to his back.</p><p>Hill took the stand after the state rested its case. After the soft shackles around his his ankles were removed and he was sworn in, Hill denied ever seeing Brotherton and insisted he was at home the night of murder.</p><p>He was composed on the stand, asking for water at one point: “I've never talked this much in my life,” he said.</p><p>Hill would occasionally get ahead of himself, providing more elaborate answers to simple yes or no questions, prompting Art Jackman, assistant state attorney, to raise numerous objections. </p><p>“I know you're excited; just let her do her job,” Judge Donna Berlin said to Hill while he was being examined by defense attorney Carolyn Schlemmer. “If she wants to follow up, she will.”</p><p>Brotherton's parents — sitting with other family members — held hands during the testimony.</p><p>While presenting their case this week, prosecutors introduced surveillance video of what they described as Hill and Brotherton at an ATM, video of Brotherton's shooting and witness testimony, including from an acquaintance, Rick Rowland, who claimed to be with Hill on the night of Brotherton's death.</p><p>Hill testified that he was with Rowland for a short time on Nov. 21, and left his cell phone in Rowland's vehicle when he was dropped off about 8:30 p.m. Hill said he never left the house, but Rowland did stop by unannounced about 1 a.m. to return his cell phone. </p><p>Hill maintained his innocence.</p><p>“Is that your firearm?” Schlemmer asked, referring to the alleged murder weapon found in a garbage can on Hill's property. </p><p>“No,” he replied.</p><p>He denied putting a gun in his trash can, being near Gulf Gate library and kidnapping or robbing Brotherton.</p><p>“Is that you in the ATM video with Mr. Brotherton?” Schlemmer asked.</p><p>“That is not me in the video,” Hill said. “I've never seen that man.”</p><p>Hill then denied using a .38 caliber gun to shoot Brotherton in his back.</p><p>Due to time constraints, Hill was not questioned further. Jackman will cross-examine him today.</p><p>The state had rested its case earlier Thursday.</p><p>Among other witnesses for the defense was Hill's long-time girlfriend, who became emotional on the stand. She said Hill was home with her on the night Brotherton was killed.</p><p>In an earlier twist in the case, Hill had said he would not argue against the death penalty should he be convicted.</p><p>Then, the state said it would not seek the death penalty.</p><p>The jury is expected to hear closing statements and begin deliberation today.</p><p>If convicted of first-degree murder, Hill will receive a mandatory sentence of life in prison.</p>